FAQ

What should I do after an accident?

After the confusion of an accident, you have very limited time under stressful conditions to gather as much information as possible. Immediately after the accident – when everyone involved is still on the scene – is the best time to gather information that may be critical in proving responsibility for the accident. Failure to gather this information can permanently limit the compensation you receive for injuries and damage.

Everyone involved in an accident wants to leave the scene and continue with what he or she was doing before the accident. Before everyone leaves, make sure you have everything you need to assure that you can effectively handle the fallout from the accident.  We suggest writing down or printing these tips to follow if you are involved in a vehicle accident.

• Make sure everyone is safe.
• Assure that anyone who needs medical attention receives it as soon as possible.
• Call 911, and request that the local police department be dispatched the scene of the accident in order to make a report.
• If needed, call the local police department in order to make a report.
• Get contact information from the other parties involved, including:
  • Name, address and contact information
  • Insurance carrier information
  • Driver’s license number
  • Vehicle license plate number.
• Gather as much information as possible. Anything you document or record may work to your advantage as you deal with the consequences of the accident.
• Obtain specifics about others involved in the accident: license numbers and insurance at a minimum.
• Obtain information from the other parties: names, driver’s license numbers, addresses, telephone numbers and insurance information.
• Obtain information from witnesses: names, addresses, contact information, and statements if possible.
• Take pictures of everything, including the following:
  • All vehicles
  • All damaged property
  • All license plate numbers
  • All drivers and passengers
  • Witnesses
  • Vehicles’ mileage
  • Street signs and/or lights
  • Emergency personnel
  • Insurance cards
• Diagrams or notations about the damages to each car.

• Seek medical attention. Symptoms of accident-related injuries do not always surface immediately. Go to an emergency room, urgent care service or your personal physician as soon as possible.
• Contact Chandler | Ross, PLLC immediately.
• E-mail us at Support@ChandlerRossLaw.com, and call us at 940-800-2500. After-hours e-mails will generally be returned immediately.  (We suggest saving this contact information in your phone NOW.)

 

Why do I need an attorney?

If you have suffered an injured in an accident as a result of the negligence of another, you might be asking yourself if you should hire a personal injury attorney.  Our best advice to you is to always contact an experience personal injury attorney as soon as possible.  It is critical to your case, because immediately collecting critical evidence, setting up insurance claims, and if needed, filing a personal injury lawsuit requires specialized experience, training and skill.

You could attempt to fill out all the necessary paperwork yourself with each of the insurance companies that may have coverage in your accident, and you may even attempt represent yourself in court. However, sometimes insurance companies simply do not take unrepresented parties seriously and/or they refuse to make a fair settlement offer or refuse to make any settlement offer at all. There is also a chance that the insurance company will engage in bad faith insurance tactics. In that case, you will need assistance from a lawyer who has experience litigating bad faith insurance claims as well.

While filing a claim may sound simple, proving fault and damages is complicated when up against an insurance company’s team of insurance adjusters, attorneys and legal experts. Insurance carriers will fight hard to deny personal injury claims and to pinch pennies for their insureds, while you suffer from being injured as result of the negligence of their insured.  This is why it is important to have an experienced personal injury attorney fighting for your legal rights.

At Chandler | Ross, PLLC our Personal Injury Attorneys provide free, no risk case consultations to injured persons and their families. Your chances for winning your case and getting the compensation you deserve are much higher if you hire the experienced personal injury attorneys at Chandler | Ross, PLLC. 

 

How much will it cost me to hire the personal injury lawyers at Chandler | Ross, PLLC?

Our lawyers know the serious expenses you will already be facing if you or a family member is in an accident. We therefore work on a contingency fee agreement, which means that you only pay if we can recover for you. A contingency fee is a fee paid to the attorney after the case has been successfully settled or litigated. It is usually based on the gross amount collected. We do not charge for our time or expenses unless we are successful in collecting compensation for you. This type of fee allows you to pay nothing upfront and to transfer the risk to Chandler | Ross, PLLC regarding the outcome of the case. Most clients highly prefer a case to be on a contingency fee basis.

From the first consultation to the end of your case, we will front the payment of all case expenses—including the countless hours we put into your case and fees of experts that we consult. We are only paid if we win your case, and our payment comes from the gross total recovery that we make–not directly out of your own pocket.

 

Do I have to pay for my initial consultation with the personal injury attorneys at Chandler | Ross, PLLC?

The short answer is….no!

Our personal injury attorneys at Chandler | Ross, PLLC never charge for client consultations. All client consultations to discuss a potential claim or current claims are absolutely free.

If you feel you have a potential claim, please call our office at (940) 800-2500 to set up your free consultation and case evaluation.

 

What if I have already attempted to make an insurance claim?

It is not uncommon for a new client to attempt to begin the insurance claims process themselves before coming into our office for their initial consultation.  Commonly, they find it stressful and burdensome, and a lot of the time, they have come to impasse with the insurance company.  Oftentimes, new clients also simply cannot afford to pay out of pocket for the medical treatment they need, and for that reason they seek our assistance.

Once we are retained by a client, we immediately begin gathering the requisite evidence and information, and immediately inform the parties and insurance carriers to direct all communication to our office and demand that they preserve the relevant evidence.  It is our goal to alleviate as much stress as we can from our clients so they can concentrate on getting the medical treatment that they need to recover from their injuries. 

 

The insurance company said I do not need an attorney—is that true?

No.  You should always seek an opinion from a personal injury lawyer to get an unbiased legal opinion regarding your case and your rights. At Chandler | Ross, PLLC our personal injury attorneys will provide free, no risk case consultations to you and your family.

You must remember that an insurance company is a business, and the goal of most businesses is to make money.  Insurance companies do not make money by paying claims.  As such, your interest in receiving just compensation for you and your family, and the interests of the insurance company are not the same. While it is illegal for a non-attorney, such as an insurance adjuster, to provide legal advice, they often do, and it usually is not very sound.

 

What damages am I entitled to recover?

This will depend on the type of case, your injuries, your medical treatment, and the damages sustained. Generally, common collectible damages include the following:

• Property damage
• Past and future medical bills and expenses
• Past and future pain and suffering
• Past and future mental anguish
• Lost wages
• Loss of earning capacity
• Disability
• Impairment
• Disfigurement
• Loss of consortium
• Loss of household services
• Funeral expenses (in wrongful death cases)

In some egregious cases, you may be able to collect ‘punitive damages’ when that wrongdoer’s actions were intentional or reckless. If you able to prove each of the required elements of gross negligence, you may be entitled to substantial exemplary or punitive damages, which are damages designed to punish a defendant and prevent the defendant and other form engaging in similar conduct. 

 

Is my case big enough for a lawyer to handle?

The personal injury attorneys at Chandler | Ross, PLLC handle small, medium, large, and very large damage cases. Our injury cases range from soft tissue injury auto accident cases to catastrophic injury and wrongful death cases. We are equipped to handle and all personal injury cases with big or small damages.

If you or a family member has been injured as a result of someone’s negligence, negligence per se and/or gross negligence, please contact Chandler | Ross, PLLC immediately for your free consultation. We welcome clients from the Denton, Dallas and Fort Worth, Texas, areas and we are here to help you and your family.  Our initial consultation is free.

 

Will the information I share with you be confidential?

Yes. The information you share with us is protected by the attorney-client privilege and will remain confidential. This protection will apply even when our legal representation ends or if you decide not retain our firm.

It should be noted that because your communications with us are privileged, it is extremely important that you make full and complete disclosure of all pertinent facts with respect to your personal injury claim (such as prior injuries and/or prior accidents) so that we can fully assess your case. This is further important so the defense does not catch us by surprise in the middle of representation, which could be detrimental to your case.

 

How long do I have to file a lawsuit after my accident?

The time limit for bringing a personal injury or wrongful death lawsuit is referred to as the “statute of limitations.”  It is essential to file your legal action within this time period, because if you fail to file a lawsuit before the statute of limitations expires, your case will be forever barred, and you may forfeit your right to financial compensation for damages suffered.

For most personal injury actions In Texas, such as auto accidents, wrongful death claims and/or premises liability claims, you have two years from the date of your injury to file a lawsuit against the responsible parties. However, with respect to claims against government entities (Texas Tort Claims Act) or for medical malpractice, the statute of limitations is much shorter and/or require time sensitive notice of claims. Therefore, due to the time-sensitive nature of personal injury claims, you should immediately contact an attorney regarding your injury.  Our attorneys at Chandler | Ross, PLLC are here to help.  Please give us a call for your free initial consultation and case evaluation.

 

What should I bring with me for my meeting with a lawyer?

You should bring all documents in your possession that are related to your injury. For example, with respect to vehicle accidents, you should bring the following, if you have them:

• Copy of the police or incident report,
• Copy of your automobile insurance,
• Photographs of the accident scene,
• Photographs of the vehicles involved in the accident,
• Photographs of your injuries,
• Copies of medical and billing records,
• Correspondence from the insurance companies,
• Estimates and repair records and receipts for your automobile,
• Receipts for towing and car rental,
• Receipts for any additional property damaged in the accident (i.e. phone), and
• Any wage loss information.

 

What types of cases do the personal injury attorneys at Chandler | Ross, PLLC handle?

Chandler Ross, PLLC, is a personal injury law firm with offices throughout the Dallas/Fort Worth area. We specialize in Personal Injury, Automobile Accidents, Commercial Truck Accidents, Premises Liability and Workplace Accidents. 

We also handle the following types of cases:

1. Personal Injury Cases:

• Wrongful Death
• Back and Neck Injury
• Broken Bone and Paralysis
• Dog Bites
• Negligence
• Burn Injuries
• Crime Victims
• Boating Accidents
• Child Injury

 

2. Vehicle Accidents:

• Car Accidents
• 18-Wheeler/ Truck Accidents
• Drunk Driving Accidents
• Bicycle Accidents
• Pedestrian Accidents
• Rear-End Collisions

 

3. Premises Liability:

• Slip and Falls
• Balcony Falls
• Inadequate Security

 

4. Work Injury

• Industrial Injury
• Heavy Equipment Accidents
• Warehouse Accidents
• Workplace Crimes

This is list is not exclusive.  If you or a family member has been injured, please contact Chandler | Ross, PLLC immediately for your free consultation. We welcome clients from the Denton, Dallas and Fort Worth, Texas, areas and we are here to help you and your family.  Our initial consultation is free.

 

Is it possible to sue a county, city or governmental entity?

Yes. In some circumstances, cities, counties, and/or governmental entities can be held liable for their negligent acts as well as the negligent actions of their employees. Under the Texas Tort Claims Act, a governmental entity can be sued for property damages, personal injury, or death resulting from the operation or use of a motor-driven vehicle or motor-driven equipment, and/or when the personal injury or death is caused by the condition or use of tangible personal or real property.

However, claims involving cities, counties, and/or governmental entities are limited under the Texas Tort Claims Act, and have different statutes of limitations and/or notice of claim requirements, which if missed, can forever bar your claim. Be sure to consult with an attorney at Chandler Ross Personal Injury Lawyers to see if your claim involves a city or county. The attorneys at Chandler Ross Personal Injury Lawyers deal with claims against the city or county on a regular basis and can help you recover compensation for any injuries caused by the negligence of the city or county.

The attorneys at Chandler | Ross, PLLC deal with government claims on a regular basis and can help you recover compensation for any injuries caused by the negligence of a governmental entity.

 

I was injured through someone else’s carelessness, what should I do?

If you believe that you were injured through someone’s careless or negligent action, you may have a claim. It is important to immediately consult with an attorney at Chandler | Ross, PLLC. Be sure to see if there are any witnesses to the careless or negligent action, get all witnesses contact information, and document the incident with photographs. Also make sure to get contact information for the responsible party. This information will help should you later present a claim for your injuries. 

 

Who brings a claim on behalf of children that are hurt?

Typically, it is the parents or guardians of that child. This is commonly referred to brining a claim “as next of friend”.  We have extensive experience with injury cases or wrongful death claims involving children and understand the complexities of negotiating and these types of claims.

 

I do not want to go to court, can you still help me?

Absolutely. In fact, most clients want to avoid going to court. We do our very best to come to a reasonable settlement before filing a lawsuit. 

However, unfortunately, often times filing is a lawsuit is necessary in order to obtain the compensation that you and/or family member is entitled to receive.  We have extensive experience with successfully negotiating settlements with insurance companies during the claims process, and if necessary, we also have extensive experience in litigating personal injury cases.  Either way, will fight for your rights and will seek the compensation you are due.

 

How do you determine the value of my claim?

It is based on a consideration of the totality of circumstances. It depends on what your injuries were, what kind of treatment you have received, the cost of your medical treatment, what kind of recovery you have made, any impairment or disability, the severity of the accident, etc.  Value also depends on factors such as chances of proving fault, whether there was comparative fault, past and future medical bills, past and future lost earnings, pain and suffering. 

There are a few types of damages for which you could potentially recover:

• Economic (special) damages – costs of medical treatment, estimated future medical treatment, lost earnings, future lost earnings, property damage, out-of-pocket expenses
• Non-economic (general) damages – pain and suffering, emotional distress, inconvenience, loss of consortium (companionship of husband, wife or partner), loss of enjoyment of life
• Punitive damages – punishment

This is when attorneys use what they call “the multiplier.” Some insurance adjusters will add up special damages and multiply that by a number between 1.5 and 5. In the past, 3 was the most common multiplier; however, that number will now be lower or higher depending on specific facts in your case:

• Severity of your injuries
• Medical treatment you have received to date
• How much treatment you anticipate needing in the future
• Prognosis (are you expected to recover?)
• Permanent or long-lasting effects?
• Impact on your daily life

We, of course, argue for the highest multiplier, while the insurance adjuster will obviously argue for a lower multiplier. Sometimes the ceiling (5) will be increased depending on the severity of injuries and/or if there is aggravating facts from the accident (i.e. a drunk driver), but that is for extraordinary cases in which there is permanent disability, recovery is prolonged, the injuries are immediately apparent and so on. 

When a value for general damages is calculated, that is added to the rest of the damages for an estimated settlement value. The experience and highly skilled personal injury attorneys at Chandler | Ross, PLLC have successfully negotiated hundreds of claims and rely on their experience and knowledge to ensure our clients obtain a maximum recovery.

 

Will the person who caused my injury be punished?

The person who caused the injuries typically is not punished. Defendants in civil actions for personal injury do not receive jail time or criminal fines as punishment. Those are common criminal sentences, and personal injury cases are civil actions which do not include jail time.

However, in some egregious cases, juries and courts can award what are called “punitive damages,” which are designed to punish defendants who have behaved recklessly or intentionally against the public’s interest. The goal in ordering the payment of punitive damages is to discourage such defendants and others from engaging in the same kind of harmful behavior in the future. One of the most common situations where punitive damages may be available is when a person is injured by a drunk driver.

 

What is “negligence?”

Ordinary negligence is the failure to use ordinary care to take actions that may have prevented a person from getting injured. For example, a person may be guilty of ordinary negligence if followed too closely in traffic and failed to timely apply their brakes to avoid a collision.

In order to prove a claim for negligence, the plaintiff must first establish the defendant had a legal duty.  Then the plaintiff must next establish that the defendant breached its legal duty. A legal duty is breached when a defendant does meet the required standard of care.  In most circumstances, a defendant will be held to the standard of “ordinary care”.  The third element is known as “causation.” The plaintiff must establish the defendant’s breach of duty proximately caused the plaintiff’s injuries.  If all of the above elements can be proved, the plaintiff must then also prove what damages he/she is owed

Proving all four of the elements of a negligence case can be difficult without the right legal representation. At Chandler | Ross, PLLC, our attorneys have extensive experience proving negligence in a wide variety of personal injury cases. We will fight for you to obtain the full compensation you deserve for your and/or your loved one’s injuries and damages that resulted from the negligence of someone else.  

 

Do I still have a claim if my health insurance paid my medical bills?

Absolutely, what most injured persons do not realize is they are entitled to the full value of their medical treatment—the actual amount of their treatment that is either “paid or incurred” on their behalf, not just their ‘out of pocket’ expenses such as co-pays or deductibles. Oftentimes, insurance companies diminish an injury victim’s damages by offering to just pay their ‘out of pocket’ expenses.  However, if you are injured as the result of someone else’s negligence and your health insurance paid your medical bills for your injuries related to the accident, you are still entitled to receive full compensation for all medical bills and/or expenses that were paid or incurred on your behalf. 

 

Can my health insurer file a lien against my case?

Health insurer liens are subject to complicated right of reimbursement and/or subrogation laws. Oftentimes, your health insurer is entitled to be reimbursed for any amounts they paid for your medical treatment of your injuries caused by an accident.  However, more often than not, they will substantially reduce their repayment amount.  If there a lien is asserted by your health insurer the highly skilled attorneys at Chandler | Ross, PLLC will determine if your health insurer is entitled to reimbursement, and if so, will request a waiver or negotiate a substantially reduced reimbursement amount.